FED:Smugglers will spin injunction: Bowen

AAP General News (Australia)
08-09-2011
FED:Smugglers will spin injunction: Bowen

By Adam Gartrell

CANBERRA, Aug 9 AAP - The federal government concedes people smugglers are likely to
use the High Court's injunction against its Malaysia solution to convince more asylum
seekers to try their luck.

The government's controversial people-swap deal was put on hold this week after refugee
lawyers convinced the High Court to order an injunction against the first deportations.

The government had planned to send the first 16 asylum seekers to Kuala Lumpur on Monday.

The injunction will remain in place at least until the court's full bench issues a
ruling on the policy's lawfulness. It is expected to begin hearing arguments on August
22.

Immigration Minister Chris Bowen on Tuesday said he still hoped the case could be heard
sooner. In the meantime, he admitted, the injunction could lead to more boat arrivals.

"One of our arguments to the court is that people smugglers will spin this and lie
about this and say that this is some sort of green light," Mr Bowen told ABC Radio.

"It's not.

"Anybody contemplating coming to Australia on the basis of this injunction should not."

Mr Bowen maintains the government is on strong legal ground with the policy and says
he is confident it will survive the High Court's scrutiny.

Australian National University law expert Donald Rothwell said it was likely to be
about three weeks before the High Court delivered its decision.

"The High Court has the capacity to deliver judgments within a few days on matters
of public importance, and in all likelihood the case will be concluded by the end of August,"

Professor Rothwell said.

Opposition immigration spokesman Scott Morrison said the policy was in chaos.

"This policy has been in chaos from the day that the prime minister announced it,"

he told the ABC.

West Australian Premier Colin Barnett continued his attack on the government's decision
to send unaccompanied children to Malaysia, calling it "inhumane".

Prime Minister Julia Gillard first announced the Malaysian deal on May 7. The court's
injunction is the latest of several delays.

Under the deal the government wants to send 800 asylum seekers to Kuala Lumpur in exchange
for 4000 already processed refugees.

AAP ag/jl/jjs

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